MOHINDER SINGH MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. R.S. Thakur, learned counsel for the appellant and Mr. S.S. Nanda, Advocate for the respondent in extenso.

(2.) THIS appeal has been preferred against the judgment and order dated 28.9.2001 passed by the learned Single Judge in SWP No. 2174/2001, dismissing the writ petition.

(3.) BY another Notification of the Ministry of Home Affairs, G.S.R. 273 (E), dated 27.5.1998, purportingly issued in exercise of the powers conferred by Sub -section (2) of Section 141 of the Border Security Force Act, 1968, Rule 9 of the 1978 Rules was amended so as to provide for the age of superannuation of the officers holding a rank higher than that of Commandant as 'sixty years', and of the officers of others ranks as 'fifty seven years' by the afore -said Notification, the retirement age of the Commandant and the other ranks below him was fixed at 'fifty seven years' instead of 'sixty years', as in the case of Chief Law Officer and the Law Officers of the Border Security Force, vide Notification No. G.S.R 274 (E) dated 27.5.1998 as also in the case of Medical Officers cadre by the Notification of Ministry of Home Affairs G.S.R. 275 (E) dated 27.5.1998, by amendment of the Rules of 1968 in exercise of the power conferred by Clause (b) and (c) of Sub -section (2) of Section 141 of Border Security Force Act, 1978.